Bill Text: IN HB1405 | 2011 | Regular Session | Enrolled
Bill Title: Tobacco matters.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1405 Detail]
Download: Indiana-2011-HB1405-Enrolled.html
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE ENROLLED ACT No. 1405
AN ACT to amend the Indiana Code concerning alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-46-1-1.3; (11)HE1405.1.1. -->
SECTION 1. IC 35-46-1-1.3 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 1.3. As used in this chapter, "dissolvable tobacco
product" means a smokeless tobacco product that dissolves in the
mouth of the user.
SOURCE: IC 35-46-1-1.7; (11)HE1405.1.2. -->
SECTION 2. IC 35-46-1-1.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.7. As used in this
chapter, "tobacco" includes:
(1) chewing tobacco;
(2) cigars, cigarettes, and snuff that contain tobacco;and
(3) pipe tobacco; and
(4) a dissolvable tobacco product.
(1) chewing tobacco;
(2) cigars, cigarettes, and snuff that contain tobacco;
(3) pipe tobacco; and
(4) a dissolvable tobacco product.
SOURCE: IC 35-46-1-11.8; (11)HE1405.1.3. -->
SECTION 3. IC 35-46-1-11.8, AS ADDED BY P.L.37-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 11.8. (a) As used in this section, "self-service
display" means a display that contains cigarettes tobacco in an area
where a customer:
(1) is permitted; and
(2) has access to thecigarettes tobacco without assistance from
a sales person.
(b) This section does not apply to a self-service display located in a retail establishment that:
(1) has a primary purpose to sellcigarettes; tobacco; and
(2) prohibits entry by persons who are less than eighteen (18) years of age.
(c) The owner of a retail establishment that sells or distributescigarettes tobacco through a self-service display, other than a coin
operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5,
commits a Class C infraction.
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).
(1) is permitted; and
(2) has access to the
(b) This section does not apply to a self-service display located in a retail establishment that:
(1) has a primary purpose to sell
(2) prohibits entry by persons who are less than eighteen (18) years of age.
(c) The owner of a retail establishment that sells or distributes
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund (IC 7.1-6-2-6).
HEA 1405
Figure
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Graphic file number 0 named seal1001.pcx with height 58 p and width 72 p Left aligned